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132009.1102.01- Request to Change to Existing Approval

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                                                                   _C)oq             10
                                                                     SCRC CORRESPONDENCE             n_   `^^^n
                                                                   II/11211211 n...^....._.__.                            ,
      Council Reference: 132009.1102.1
      Our Reference:      01376 L02 NG




      31st August 2011
                                                                                                    martoo
                                                                                                    consulting n
                                                                                                               pty ltd
                                                                                                    town planners +
      Chief Executive Officer                                                                       urban designers
      Sunshine Coast Regional Council                                                               + surveyors
      Locked Bag 72
                                                                                                            287 949 725
      SUNSHINE COAST MAIL CENTRE 4560



      Attention: Planning North - Jack Lewis


      Dear Sir/Madam

      RE:   LODGEMENT OF PERMISSABLE CHANGE TO A DEVELOPMENT APPROVAL
      APPLICATION TO CHANGE DEVELOPMENT APPROVAL - 09/1102 FOR EXTENSION TO A
      RETAIL BUSINESS TYPE 2 SHOP AND SALON (SHOP) OVER PREMISES AT 6/32 HASTINGS
      STREET NOOSA HEADS DESCRIBED AS LOT 6 ON SP120366

      Martoo Consulting has been engaged by Never Holdings Pty Ltd as the applicant for the above
      proposal, to submit a permissible change for a development approval to enable alterations and
      extension to an approved restaurant at 6/32 Hastings Street, Noosa Heads.

      The subject site comprises shop 6 located at 32 Hastings Street, Noosa Heads. The premises are
      contained in an existing commercial and residential complex, which includes retail tenancies at ground
      level facing Hastings Street and a Resort hotel to the rear known as the Sebel Hotel. The premises are
      currently used for a shop with associated outdoor dining. (refer photograph 1).

      The applicant seeks approval to enclose the roofed outdoor dining area to the west of the existing
      building and incorporate it into the existing shop and restaurant on the site. The attached plans
      prepared by Pete Thompsett architecture indicate the area to be enclosed. The area proposed to
      be enclosed is approximately 21 m2 in area and was previously approved for covered outdoor dining.
      The proposed extension maintains the existing roof and continues the building line of the existing
      premises.

                                                                                           It is noted that the
                                                                                           premises were approved
                                                                                           in January 2010 for
                                                                                           Retail Business Type 2
                                                                                           - Shop use area of 86
                                                                                           m2 and Entertainment &
                                                                                           Dining Business Type
                                                                                           1 (Food & Beverage) for
                                                                                           40m2 of outdoor dining
                                                                                           area under 2009/1102.
                                                                                           It is 21 m2 of the
                                                                                     I i   approved outdoor dining
                                                                                           that is to be enclosed.




       Photograph I - Area to be enclosed


                                                        Page 1
SUNSHINE COAST OFFICE                                                  GYMPIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567       38 NASH STREET GYMPIE - PO BOX 391 GYMPIE Q 4570
TELEPHONE 07 54555425 - FACSIMILE 07 54555725                          TELEPHONE 07 54827440 - FACSIMILE 07 54824952
[email protected]                                              [email protected]
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Page 2

In support of the proposal the following is noted:

        •   The area to be enclosed is currently roofed;
        •   The area to be enclosed has been approved for outdoor dining and assessed for
            carparking;
        •   The proposed extension is consistent with surrounding uses and the character and
            desired intent for the area.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development
approval as:

        (1) A permissible change, for a development approval, is a change to the approval that
        would not-

        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change-
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not
                          require impact assessment require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment be likely, in the responsible entity's opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;
        or
        (d) cause development to which the approval relates to include any prohibited development.

The proposal is considered to comply with the requirements of the Sustainable Planning Act as
detailed below:

        (a) result in a substantially different development;

            The proposed extension encloses an area that is located underneath an existing roof and
            incorporates the area into the adjoining premises and will not result in a different
            development.

        (b) if the application for the approval were remade including the change-
                          (i) require referral to additional concurrence agencies;
                          or
                         (ii) for an approval for assessable development that previously did not
                         require impact assessment-require impact assessment; or

             No concurrence agencies would be triggered by the proposal and the level of
             assessment has not altered.

        (c) for an approval for assessable development that previously required impact
        assessment-be likely, in the responsible entity's opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed;

             It is unlikely that a person would make a submission objecting to the proposed change
             as the area is currently approved for use as an outdoor dining area, is not visible to the
             street and will not impact on adjoining premises. .

        (d) cause development to which the approval relates to include any prohibited development.

              Not prohibited development.

The proposal is therefore considered to be able to be considered as permissible change.



                                                 Page 2

Page 3

Noosa Plan

The site is included in the Noosa Heads Locality and the Visitor Mixed Use zone which supports a
range of unit and commercial development. The proposal involves enclosure of an area that was
previously approved for covered outdoor dining and still leaves sufficient open space available on
site. The area to be enclosed was previously assessed for carparking and contributions and
therefore no additional carparking or charges are applicable.


4. CONCLUSION

The proposal is considered to be a permissible change and is consistent with the provisions of the Noosa
Plan. The applicant seeks Council support for the proposal.

The attached development application includes:

           •      four (4) copies of the proposal plans prepared by Thompsett Architecture.
           •      a completed Council form; and
           •      a cheque for $2561.00 which is understood to be Council's application fee.

The Assessment Manager's favourable consideration of the above development application is therefore
recommended. Please contact our Sunshine Coast office if you require any further information and/or
clarification with respect to the above application.


Yours sincerely




Nadine Gorton
Senior Town Planner
Martoo Consulting Pty. Ltd.




                                                  Page 3

Page 4

                                         Attachments


Attachment I - Proposal Plans




                                Page 4


[OCR of page images]
Attachments

 

Attachment 1 — Proposal Plans

 

Page 4

 

Page 5

1                                                                                                                    COPYRIGHT
                                                                                                                     All Rights Reserved
              A                           B                   A                B                            Use figured dimensions In preference to
                                                                                                            scaling off drawings
                                                                                                            Check dlmen.imu and levels before
                                                                                                            fabrkwtion or setout.
                                                                                                            Final coordination I. the responsibility
                                                                                                            of the contractor
                                                                                                            The contractor shall ensure that all work
                                                                                                            complies with relevant building codes. Any
                                                                                                            queries or doubts in this regard must be
                                                                                                            forwarded to the Architect before work
                                                                                                            commnce&
                                                                                                            This drawing Is to be used only in
                                                                                                            conjunction with all other drawings and
                                                                                                            specifications for this job. Any discrepancies
                                                                                                            are to be reported to the Architect before
                                                                                                            work commences,

                                                                                                        ISSUE NOTES
                                                                                                        A       APPROVAL APPUCA71ON 01/08/2011
                                                                                                        B       PLAN ADJUSTED FOLLOtMNG 5TE
                                                                                                                MEASURE 19/8/2011

                                                                                                        C     PLAN ADJUSTED FOLLOIMNG 5TE
                                                                                                              DIAGRAM 23/8/2011

                                                                                                        D ADJUST N01ES FOR TOW PLANNING
                                                                                                           PURPOSES 24/8/2011




     2                                             2   2                                        2
                                                                                     I
                                                                  SHOPI             OU T DgOR
                                                                  101 {;QM          DINING RESTAURANT
                                                                                      SQR.
                                                                                                            TH0MPSETT
                                                                                                            ARCHITECTURE
                                                                                                             P.O. BOX 1032 NOOSA 4567
                                                                                                             Telephone (07) 5447 4770
                                                                                                             Facsimile (07) 5449 2947

     3                                             3   3                                        3            THOMPSETT ARCHITECTURE PTY LTD
                                                                                                             ABN 11 010 831 928


                                                                                                            PROJECT
                                                                                                        6/32
                                                                                                        6SP 120366
                                                                                                        HASTINGS STREET
                                                                                                        NOOSA HEADS
                                                                                     A                  PARISH WEYBA
                   CO/REDBOU TWOR                                                                       CLIENT
                    F100R AREA 34 SQI11
                                                                                                        NEVER HOLDINGS
                                                                                                        PTY LTD

     4                                             4                                            4
                                                       4
                                                                                                            DRAWING 11TLE

                                                                                                             FLOOR PLANS
         ---------------------------------------                                                             EXISTING AND
                        EAVES LINE                                EAVES LINE
                                                                                   OUTDOOR                   PROPOSED
                                                                                   DINING RESTAURANT
                                                                                   13 SQM
                                                                                                        SCALE              DATE             JOB No

                                                                                                        1: 100             A3              326
                                                              A                B
              A                           B
                                                                                                        PHASE            DWG No               ISSUE


L_       EXISTING                                          PROPOSED                                         DD D01 D

Page 6

                    GLAZING LEGEND :-
                     PP - PYRO PANEL (90 Min FIRE RATING)

                     6B     - GLASS BLOCK 160 Min FIRE RATING)




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               A X 01/02/99 BUILDING APPLICATION ISSUE

                                                                                              TMEBUCHANI
                                                                 SC

               B 1 8/02/99 GENERAL UPGRADE. C0-ORO ISSUE         PN                                                                      32 HASTINGS STREET          CONSTRUCTION 23.08.99
               C   tt/03/99 STATE FIRE           REVISION.
                            STATE flRE SERVICES ISSUE.
                                                                 M$                                                                      NOOSA
                                                                                                                                                              °W     01 DEC 98
               1   30/01./99 GENERAL UPGRADE
                   Ot/OS/    RETENOEI ISSUE                      MS CC
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                                                                                               ArcAdteas Pamers BImeix Demyms
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Page 7

    Sunshine Coast                           2011/12 Regional Strategy and Planning
    CoUn1Cll Request to Change Existing Approval and/or Extension to Relevant Period


                                                                                                           Sustainable Planning Act 2009
 ALL questions MUST be completed unless the form indicates otherwise.
 This form must be submitted to Council accompanied by the applicable fee.
 Attach extra pages if there is insufficient space on the form.
 If Council was the Assessment Manager for the existing approval, and the approval was issued by the Court, then:
 (a) a request to change the development approval and/or conditions is made to the Court; and
 (b) a request to extend the relevant period for the approval is made to Council.
 All terms used on the form have the meaning given in the Sustainable Planning Act 2009 or the Sustainable Planning Regulation
 2009.


1. Details of person making the request
Full name - individual or company           Ale v' K          Hol-binlr{ S           P 71   y     IL 7-0
Contact Name - for company
Postal address C/ Mq,TQo    C-                        S UL /                7`       A c'< / (c -(1
Suburb     A/ ooSA   H EiQl                                                  State                              Postcode
Business phone        SV SS sod \   A/H phone                                                   Mobile
Email address         '  d inQ    _J'^^   O^ L)Y                    o If& CA ->-"               Fax        '        SS S7 7-2S-


2. Details of existing approval
Type of approval (please tick ALL applicable categories)              Which entity issued appr val
&"'Development Permit                                                 l    Sunshine Coast 9unc "
q    Preliminary Approval                                             G3'' Other entity - n .ace ,znerifv 0I,

q    Compliance Permit                                                                                               "5,>3

q    Material Change of Use                                                                                                  e"f
q    Reconfiguring a Lot
                                                                                                                     'J :0          C°i
q    Operational Works                                                                                                       Ip>>      ^1rEa^,
                                                                                                               ^0
q    Building Works                                                                                             cll^
q    Plumbing or Drainage Works                                                                                        V
q    Compliance Certificate
q    Environmentally Relevant Activity
Application number/council reference           ._,)c-c%   / II d d                                          Date issued             -^3^o I c,
Is the approval for a mobile and temporary ERA?                                      D' No                  q       Yes - complete below
Insert the name of each local government area in which the mobile and temporary ERA is proposed to operate/operating




Privacy
Council will use any personal information provided for the intended purpose only and for remaining in contact with you. Council is
authorised to collect this information in accordance with the Local Government Act 2009 and other Local Government Acts. Your
personal information is only accessed by persons authorised to do so. Your personal information is dealt with in accordance with
council's privacy policy.


wwwsun hlnecosst gldgov.eu I mail®sunshinecoast.gld-gov-au I T 07 5475 7272 F 07 5475 7217
Lodwd Bag 72 Sunshine Coast Mail Centre Old 4580 ABN 37 876 973 913

Caloundra office I Omra 'i Avenue Cafourxka Old 4551 ^ INaroochydon office 11-13 Ocsen Steel Maroodrydors Old 4558
Narsbour office Cnr Currie and Bury Steels Narnbour Old 4560 I TewnwdJn office 9 Pelican Sheet Tevvarriin Old 4565


1 of 4    2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401

Page 8

3. Nature of request (please tick ALL applicable categories)
El' To change the development                 q    To change the development                q   To extend the relevant period
    approval                                       conditions                                   before lapsing
Please attach documentation outlining the detail of and the reasons and justification for the requested change or
extension.


4. Location of the premises
                              Street No     3 oZ            Street     AY P ST/ rV4 S            S -7/e E 7'
              A/0 VS q-          I-rC- 6q6 S                                 State      Q                 Postcode      9-
                             I Plan type & plan no.
                                 SN /00,3660




5. Concurrance Agencies
Was there one or more concurrence agencies involved in the original approval?                   0-No
                                                                                                q Yes-provide details below
Note - Under s372 of the Sustainable Planning Act 2009 the person making the request is required to give a copy of this request to all
concurrence agencies.

Concurrence Agency                                                                              Date copy given




6. Pre-request response notice
Has a pre-request response been given by a relevant entity (e.g. a concurrence agency) for this request?
E4o                                                             q Yes
If yes, please attach a copy of the notice.


7. Owner's consent
Is the owner's consent required for this request?                    q No
                                                                     Q-Yes- complete either Table A or Table B below
Note - If more than one owner of the land all owners' details are required



Table A - owner's consent provided on form
                                                                         Date
Owner's name/s
                                                                         Table A - owner's consent provided on form
I/We, the above-mentioned owner/s of the land, consent                                                      hbLZi^;^ S i:>IL.
to the making of this request.                                           nwn is r,am Is

Signature/s                                                              9'fhe owner's written consent is attached.




2 of 4   2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401

Page 9

NOTES: For question 7
Under section 371 of the Sustainable Planning Act 2009, if the person making the request is not the owner of the land to which the
approval relates, the request must be accompanied by the owner's consent.
However, owner's consent is not required if the approval:
-   relates to land the was acquisition land to which section 263(2)(d) of the Sustainable Planning Act 2009 applied when the
    application for the approval was made; or
-   is for building work or operational work for the supply of community infrastructure on land designated for the community
    infrastructure; or
-   the consent of the owner would not be required under section 263(1) of the Sustainable Planning Act 2009 if a development
    application were made for the requested change.
Also, owner's consent is not required if the Assessment Manager is satisfied that:
-   the number of owners of the land make it impractical to obtain owners' consent, and the requested change does not materially
    affect the owners' land; or
-   having regard to the nature of the proposed change, the owner has unreasonably withheld consent and the requested change
    does not materially affect the owner's land.



8. Does the request involve a State resource prescribed under the SustainablePlanning Regulation 2009,
Schedule 14?
01Vo                                                               q Yes - complete below details
Nature of State owned resource:
Nature of Evidence required:
q Evidence of allocation of / entitlement to, the resource         q Evidence the chief executive has agreed to the request
Attach a copy of the evidence required above
NOTES: For question 8
Section 370(3) and (4) of the Sustainable Planning Act 2009 requires that if an application for the development approval were made at
the time of making this request and evidence under section 264(1) of the Sustainable Planning Act 2009 would be required to support
the application, this request must be accompanied by the written agreement of the chief executive from whom evidence would be
required under section 264(1).
Section 264 of the Sustainable Planning Act 2009 provides that if a development involves a State resource, a regulation may require
the application to be supported by certain evidence prescribed under regulation. Schedule 14 of the Sustainable Planning Regulation
2009 prescribes the State resources for which evidence is required to be given, and the evidence required, to support the application.



9. Declaration of applicant
I/We, the applicant, declare that the above information is correct in all respects, at the time of lodgement of this
application with the Sunshine Coast Regional Council. Should any of the details given in relation to this application be
changed in the future, the applicant shall advise the Sunshine Coast Regional Council in writing prior to any such change
being implemented.
Signature/s




3 of 4   2011/12 Regional Strategy and Planning Request to Change Existing Approval and/or Extension to Relevant Period FM401

Page 10

OFFICE USE ONLY
Application no.     Amount paid        Date paid          Receipt no.          Initial            Date stamp


Receiving Officer




Payment options
In person     Customer service centres: 8.30 am to 4.30 pm Monday to Friday (excludes public holidays).
By mail       Cheque or money order to be made payable to: Sunshine Coast Regional Council.
              q Cheque                    q Money order                 q Mastercard               q Visa
              Card number                                               Expiry date                Amount $
              Name on card                                              Signature of cardholder
              Phone                                                     Is a receipt required?     q Yes       q No
4 of 4    2011/12 Regional Strategy and Planning Request to Change Existing Approval a3^Extension to Relevant Period FM401

Page 11

Company owner's consent to the making of a development application
under the Sustainable Planning Act 2009


                                                   Tony Walls
                                    Director of the below mentioned company and



                                      Director of the below mentioned company


of                                         Never Holdings Pty Ltd

                                   as owner of premises identified as follows:


             6/32 Hastings Street, Noosa Heads described as Lot 6 on SP120366

     consent to the making of a development application under the Sustainable Planning Act 2009 by


                             Never Holdings Pty Ltd C/ Martoo Consulting


                                 on the premises described above for the purposes of



                          Permissible Change to a Development Approval .




signed on the                                               day of            August                     2011




signed on the            11 fW                              day of            August                      2011

Company seal




TM Sustainable Planning Ad 2009 is administered by the Department of Infrastructure and Planning. Queensland Government

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